Defense attorney in first Twin Peaks trial alludes to asking for - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

Defense attorney in first Twin Peaks trial alludes to asking for mistrial if she doesn't obtain all evidence from police

(Source: KXXV) (Source: KXXV)
WACO, TX (KXXV) -

On day 13 of first Twin Peaks trial, the defense attorney for the first biker on trial, alluded to the potential of calling for a mistrial after she claimed she had not been provided all the evidence available in the case.

Christopher Jacob Carrizal who is the president of the Dallas Chapter of the Bandidos was indicted on charges of engaging in organized criminal activity and directing activities of a criminal street gang. Nine bikers died and dozens were injured after the shootout outside the Twin Peaks restaurant.

On Friday morning, Carrizal's attorney Casie Gotro said prosecutors gave her a recording on Friday morning of an interview conducted at the jail from Sgt. Sam Key. She claims that recording differs from a recording submitted by a Bureau of Alcohol, Tobacco, Firearms and Explosives agent because it does not mention the nature of the interview, time and speakers involved.

"One sounds like a custodial statement and one, at least, would put the defendant in a situation where he is in a swearing match with a police officer about whether something is a custodial statement," Gotro said.

She added having that information would have changed the questions she asked Sgt. Key, who testified earlier this week.

McLennan County District Attorney said he will provide an email to court again stressing their request to each agency regarding any recording or any handwritten note available. He said with respect to interviews he has copies of recordings of Sgt. Key and the ATF agent, which were provided in the discovery process.

"At this point, the state is putting us in a position of asking for a mistrial, with prejudice, at this point. We talk about the volume of information and as long as this case is. I've been asking for information for six months. And they said you've got it, you've got it, you've got it, only to get it in the middle of trial," Gotro said.

McLennan County 54th District Court Judge Matt Johnson requested prosecutors to request every police officer who participated in the investigation to review their records and search for any notes, recordings and offense reports they have on the case. He asked them to send that request on Friday.

After Johnson ordered that, the trial continued with testimony from Crime Scene Unit Supervisor Sgt. Keith Vaughn, who started his testimony on Thursday afternoon.

Dr. Richard Whitworth, an emergency medicine physician at Baylor Scott and White Medical Center Hillcrest, who also took the stand on Friday, talked about caring for patients from the shootout.

"We heard there were 20 gunshot victims or assault victims in a matter of 20 minutes,” Dr. Whitworth said.

He said they had blunt trauma and penetrating trauma, which can come from gunshot or knife wound.

John Jacobson, an ATF firearms expert, who tested the 154 firearms recovered from the crime scene also testified.

He said out of those weapons, only 12 of them had fired shots.

Jacobson conducted tests to match the weapons that fired bullets recovered at the scene. Some of them, were found in autopsies of the bikers who died after the shootout.

He added the tests for 12 projectiles he inspected turned out inconclusive.

The names of the owners of the weapons that fired shots on May 17, 2015 were not revealed during the testimony on day 13.

The trial will resume on Monday with Whitworth on the stand to continue his testimony.

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